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� No finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or any other investigative entity. ❑ Finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or other investigative entity. If this box is checked, Contractor shalt provide City with a written explanation of the outcome(s) or remedy for the discrimination. f. Reportina; Violation of Non-discrimination Provisions Contractor shall report to the City Manager the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Agreement or Section 12, above. Such duty shall include reporting of the filing of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based discrimination). Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the City Manager, including but not limited to the following: i. termination of this Agreement; ii. disqualification of the Contractor from being considered for or being awarded a City contract for a period of up to 3 years; iii. liquidated damages of$2,500 per violation; and/or iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by the City Manager. To effectuate the provisions of this Section, the City Manager shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement befinreen Contractor and City. 14. Retention of Records: Riqht to Monitor and Audit (a) Contractor shall maintain all required records relating to services provided under this Agreement for three (3) years after City makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by City, a Federal grantor agency, and the State of California. (b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by City. ATTY/AGR/2015.079/TURBO DATA AGREEMENT REV:05-01-15 MLG Page 7 of 18